Going Equipped

Question 1

Place of abode

Answer 1

• Place where someone lives – includes garage, garden shed
• NOT a place of business UNLESS one of the same place
• NOT a lock up garage/site rented
• Includes vehicle – if it is parked at the place where the person ‘abides’ or intends to ‘abide’.
• Not include a vehicle being slept in by owner whilst being driven or temp stopped (R v Bundy)
  ‘THEIR’ place of above not a public/private place – person can commit the offence at a friend’s/relative’s house.

Question 2

Has with him

Answer 2

• need to prove that they had an awareness of the presence of the article
• Have the article within his/her immediate control i.e ‘to hand and ready to use’.
• Pockets/car/bush if you know the article is there
  ‘Any article’ – almost any physical object i.e equipment for removing security bags, bold croppers, screwdriver, torch, foil lined bag.
  Does not include animals.

Question 3

An article is what

Answer 3

• Article includes an article made/adapted for the use in the course of theft/burglary S25(3).
  i. e lock picking equipment/home made foil lined bag.

Question 4

For use in the course or connection with

Answer 4

• Must be for future use – can’t show that they have used it.
• If the suspect commits an offence of theft or burglary and is on the way to commit another still in possession of the articles then ‘going equipped’ could be considered.